The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations (Northern Ireland) 2010

Made: 1st March 2010

Coming into operation: 6th April 2010

Regulation 3, and regulation 4 in so far as concurrence is required, are made with the concurrence of the Commissioners for Her Majesty’s Revenue and Customs[^f00003].

Citation and commencement

1

These Regulations may be cited as the Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 6th April 2010.

Amendment of the Social Security (Medical Evidence) Regulations

2

• (1) The Social Security (Medical Evidence) Regulations (Northern Ireland) 1976[^f00004] are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 2 (evidence of incapacity for work, limited capability for work and confinement) for paragraph (1)[^f00005] substitute—

(1) Subject to regulation 5 and paragraph (1A), where a person claims to be entitled to any benefit, allowance or advantage (other than industrial injuries benefit or statutory sick pay) and entitlement to that benefit, allowance or advantage depends on that person being incapable of work or having limited capability for work, then in respect of each day until that person has been assessed for the purposes of the personal capability assessment or the limited capability for work assessment that person shall provide evidence of such incapacity or limited capability by means of a statement given by a doctor in accordance with the rules set out in Part I of Schedule 1 to these Regulations. (1A) Where it would be unreasonable to require a person to provide a statement in accordance with paragraph (1) that person shall provide such other evidence as may be sufficient to show that he is incapable of work or has limited capability for work so that he should refrain (or should have refrained) from work by reason of some specific disease or bodily or mental disability.

• (3) For Schedule 1[^f00006] (rules and form of doctor’s statement) substitute the Schedule set out in Schedule 1 to these Regulations.

• (4) Omit Schedules 1A and 1B[^f00007].

Amendment of the Statutory Sick Pay (Medical Evidence) Regulations

3

• (1) The Statutory Sick Pay (Medical Evidence) Regulations (Northern Ireland) 1985[^f00008] are amended in accordance with paragraphs (2) to (5).

• (2) In regulation 1(2) (interpretation) for the definition of “the Order” substitute—

• the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

• (3) In regulation 2 (medical information)—

• (a) for paragraph (1)[^f00009] substitute—

(1) Medical information required under section 12(1) of the Administration Act relating to incapacity for work shall be provided either— (a) in the form of a statement given by a doctor in accordance with the rules set out in Part I of Schedule 1; or (b) by such other means as may be sufficient in the circumstances of any particular case.

• (b) in paragraph (2) for “under Article 19(2) of the Order” substitute “under section 12(1) of the Administration Act”.

• (4) For Schedule 1[^f00010] (rules and form of doctor’s statement) substitute the Schedule set out in Schedule 2 to these Regulations.

• (5) Omit Schedule 2[^f00011].

Revocations

4

The Regulations specified in column (1) of Schedule 3 are revoked to the extent specified in column (3).

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3 — Revocations

Signed

Sealed with the Official Seal of the Department for Social Development on 26th February 2010

Anne McCleary — A senior officer of the Department for Social Development

The Commissioners for Her Majesty’s Revenue and Customs concur with regulation 3, and regulation 4 in so far as concurrence is required.

Dave Hartnett — Bernadette Kenny — Two of the Commissioners for Her Majesty’s Revenue and Customs — 1st March 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976 (“the 1976 Regulations”) and the Statutory Sick Pay (Medical Evidence) Regulations (Northern Ireland) 1985 (“the 1985 Regulations”).

Regulation 2 amends the 1976 Regulations by substituting Schedule 1, omitting Schedules 1A and 1B and making consequential amendments. Part I of the substituted Schedule contains new rules concerning the completion of a doctor’s statement and Part II prescribes the form of the doctor’s statement to which those rules relate. The doctor’s statement will help a person claim certain health-related social security benefits such as Employment and Support Allowance.

Regulation 3 amends the 1985 Regulations by substituting Schedule 1, omitting Schedule 2 and making consequential amendments. Part I of the substituted Schedule contains new rules concerning the completion of a doctor’s statement and Part II prescribes the form of the doctor’s statement to which those rules relate. The doctor’s statement will help employees claim Statutory Sick Pay.

Regulation 4 makes consequential revocations.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

An assessment of the costs to business of these Regulations is detailed in a Regulatory Impact Assessment, copies of which have been laid in the Business Office and the Library of the Northern Ireland Assembly. Copies of the Assessment are available from the Department for Social Development, Social Security Policy and Legislation Division, Level 1, James House, 2-4 Cromac Avenue, Gasworks Business Park, Ormeau Road, Belfast BT7 2JA or from the website: http//www.dsdni.gov.uk/ssani-reports-plans.htm.

Footnotes

[^f00001]: 1992 c. 8; sections 12(2) and 165(1) were amended respectively by paragraphs 41 and 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

[^f00002]: See Article 8(b) of S.R. 1999 No. 481

[^f00003]: By virtue of section 50(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) references to the Commissioners of Inland Revenue in enactments are to be taken as references to the Commissioners for Her Majesty’s Revenue and Customs

[^f00004]: S.R. 1976 No. 175; relevant amending Regulations are S.R. 1982 No. 153, S.R. 1992 No. 83, S.R. 1994 No. 468, S.R. 1995 No. 149, S.R. 1999 No. 100, S.R. 2000 No. 4 and S.R. 2008 No. 286

[^f00006]: Schedule 1 was amended by regulation 2(3) of S.R. 1992 No. 83 and regulation 9 of S.R. 1999 No. 100

[^f00007]: Schedule 1A was inserted by regulation 2(4) of S.R. 1992 No. 83 and Schedule 1B was inserted by regulation 2(5) of S.R. 1994 No. 468 and amended by regulation 2(3) of S.R. 1995 No. 149 and regulation 3(4) of S.R. 2000 No. 4

[^f00008]: S.R. 1985 No. 321; relevant amending Regulations are S.R. 1992 No. 83 and S.R. 1999 No. 100

[^f00010]: Schedule 1 was amended by regulation 5(4) of S.R. 1992 No. 83 and regulation 10 of S.R. 1999 No. 100

[^f00011]: Schedule 2 was added by regulation 5(5) of S.R. 1992 No. 83

[^f00012]: 1999 c. 8

[^f00013]: 2002 c. 17

[^f00014]: S.I. 1972/1265 (N.I. 14)

[^f00015]: 1999 c. 8

[^f00016]: 2002 c. 17

[^f00017]: S.I. 1972/1265 (N.I. 14)